§ 8-10-1-8 — Relocation, reconstruction, or removal of roads, railroads, or public utility facilities; damages

Indiana § 8-10-1-8

• Jurisdiction: Indiana
• Art. 10: PORTS
• Ch. 1: Ports of Indiana─Organization

Text

If the ports of Indiana shall find it necessary to
change the location of any portion of any public road, highway,
railroad, or public utility facility, the ports of Indiana shall cause the
same to be reconstructed at such location as the division of government
having jurisdiction over such road, highway, railroad or public utility
facility shall deem most favorable and of substantially the same type
and in as good condition as the original road, highway, or railroad or
public utility facility. The cost of such reconstruction, relocation, or
removal and any damage incurred in changing the location of any such
road, highway, railroad, or public utility facility, shall be ascertained
and paid by the ports of Indiana as a part of the cost of the port or
project. The ports of Indiana shall have authority to petition the circuit
court, superior court, or probate court of the county wherein is situated
any public road or part thereof, affected by the location therein of any
port or project, for the vacation or relocation of such road or any part
thereof with the same force and effect as statutes in effect on March 2,
1961, to the inhabitants of any municipality or governmental
subdivision of the state. The proceedings upon such petition, whether
it be for the appointment of appraisers or otherwise, shall be the same
as provided by statutes in effect on March 2, 1961, for similar
proceedings upon such petitions. In addition to the foregoing powers,
the ports of Indiana and the authorized agents and employees of the
ports of Indiana after proper notice, may enter upon any lands, waters,
and premises in the state for the purpose of making surveys, soundings,
drillings, and examinations as are necessary or proper for the purposes
of this article, and such entry shall not be deemed a trespass, nor shall
an entry for such purpose be deemed an entry under any condemnation
proceedings which may be then pending; provided, that before entering
upon the premises of any railroad, notice shall be given to the
superintendent of such railroad involved at least five (5) days in
advance of such entry, and provided, that no survey, sounding, drilling,
and examination shall be made between the rails, or so close to a
railroad track, as would render said track unusable. The ports of
Indiana shall make reimbursement for any actual damage resulting to
such lands, waters, and premises and to private property located in, on,
along, over, or under such lands, waters and premises, as a result of
such activities. The state of Indiana, subject to the approval of the
governor, hereby consents to the use of lands owned by the state of
Indiana, including lands lying under water and riparian rights, which
are necessary or proper for the construction or operation of any port or
project, provided adequate compensation is made for such use. The
ports of Indiana shall also have power to make reasonable regulations
for the installation, construction, maintenance, repair, renewal,
relocation, and removal of tracks, pipes, mains, conduits, cables, wires,
towers, poles, and other equipment and appliances (referred to in this
section as "public utility facilities") of any public utility in, on, along,
over, or under any port or project. Whenever the ports of Indiana shall
determine that it is necessary that any such public utility facilities
which are, on or after March 2, 1961, located in, on, along, over, or
under any port or project should be relocated or should be removed
from the port or project, the public utility owning or operating such
facilities shall relocate or remove the same in accordance with the
order of the ports of Indiana. However, the cost and expenses of such
relocation or removal, including the cost of installing such facilities in
a new location or new locations, and the cost of any lands, or any rights
or interests in lands, and any other rights, acquired to accomplish such
relocation or removal, shall be ascertained and paid by the ports of
Indiana as a part of the cost of the port or project, excepting, however,
cases in which such equipment or facilities are located within the limits
of highways or public thoroughfares being constructed, reconstructed,
or improved under the provisions of this chapter. In case of any such
relocation or removal of facilities, the public utility owning or
operating the same, its successors or assigns, may maintain and operate
such facilities, with the necessary appurtenances, in the new location
or new locations, for as long a period, and upon the same terms and
conditions, as the public utility had the right to maintain and operate
such facilities in their former location or locations subject, however, to
the state's right of regulation under its police powers.
Formerly: Acts 1961, c.11, s.8. As amended by P.L.66-1984,
SEC.3; P.L.224-2003, SEC.208 and P.L.271-2003, SEC.8;
P.L.98-2008, SEC.18; P.L.84-2016, SEC.50.